DLA Piper obtained a major victory on behalf of client Personal Care Products Council (PCPC), the largest trade association for cosmetics and personal care companies, in the US District Court for the Eastern District of California.
In 2023, DLA Piper filed a complaint on behalf of PCPC challenging on First Amendment grounds the Proposition 65 warning mandate for exposure to titanium dioxide (TiO2), a commonly used ingredient in cosmetics and drugs.
Last year, the Court granted a preliminary injunction, after which DLA Piper filed for summary judgment. On Tuesday, August 12, the court granted the motion for summary judgement and entered a permanent injunction.
The Court held that the State could not show TiO2 caused cancer in humans, there was considerable debate about whether even high doses of TiO2 could cause cancer, and a Proposition 65 warning for TiO2 exposure would give consumers the false impression that products containing TiO2 were harmful.
“The decision is a considerable victory for the cosmetics industry and all businesses challenged by Proposition 65’s onerous warning requirements for ingredients listed, without adequate evidence of harm, as carcinogens or reproductive toxins under Proposition 65,” said Partner Greg Sperla, who led the DLA Piper team that advised PCPC.
In addition to Sperla, the team also included Associate Erin Heiferman (both San Francisco).